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Others Judiciary

Teesta Chattoraj v. UOI (2011) - Consent of Natural Father for Giving Child in Adoption

 03 October 2020

The petition was dismissed leaving it open to the petitioner to comply with the objections raised by the RPO and to resubmit her application with the correct details, inter alia, with regard to her parentage. The parties were left to bear their respe..

Posted in Others |   2285 hits

Shrimati Asoka Mukherjee v. Gandhi Das (2002) - Evidence to Justify Suspicious Circumstances

 03 October 2020

In the absence of evidence of valid adoption, including proof of giving and receiving, and in the view of Sabitri Bala's subsequent conduct and that of defendant No. 1, he rejected his assertion of acceptance. In the matter of his supposed adoption b..

Posted in Others |   902 hits

Narinderjit Kaur v. UOI & Anr (1997) - Adoption 'Under Authority' of Parents

 03 October 2020

The court held that the child can be adopted "under the authority" of the parents. The adoptive mother had executed a valid Power of Attorney authorising her attorney to take the petitioner in adoption on her behalf...

Posted in Others |   2241 hits

Madan Lal v. Mst. Gopi & Anr (1980) - Evidence Incapable of Supporting more than One Evidence

 03 October 2020

The Court declared the appeal to be failed and dismissed it. There was no order as to costs. The court further mentioned that once the judgment was properly understood there was no charter for inference by the High Courts with findings of facts recor..

Posted in Others |   1118 hits

M. Gurudas v. Rasaranjan (2006) - Giving & Taking in Adoption

 03 October 2020

The court held that, prima facie, Nirmala does not appear to have been adopted by Obalappa which is evident from the deed of gift executed by him. Even in the transfer deed executed by Kadarappa, Nirmala was described as a foster daughter of Obalappa..

Posted in Others |   4393 hits

Sampurna Behura v. UOI & Ors (2018) - Implementation of J J Act

 03 October 2020

The Supreme Court held that the State needs to make sure that the JJ Act is implemented in a proper manner in order to cater to the needs of the children in the society...

Posted in Others |   6371 hits

Ajay Bijli v. State of Delhi (1999) - Consent of Mother for Valid Adoption

 03 October 2020

The court noted that without the mother's permission, the father cannot give in adoption. There was no conformity with either Section'7 'or Section'9' and thus, as the petitioner pleaded, there was no adoption...

Posted in Others |   1065 hits

Darga Ram @ Gunja v. State of Rajasthan (2015) - Juvenility on the Date of the Commission of Offence

 03 October 2020

The Supreme Court held that the appellant was a juvenile at the time of the occurrence of offence no matter the offence committed by him is heinous and as such he is entitled to the benefit of Juvenile Justice (Care and Protection of Children) Act, 2..

Posted in Others |   1866 hits

Smt. Shanti v. State of Haryana (1991) - S. 304B & 498A IPC not Mutually Exclusive

 03 October 2020

The Apex Court observed that the view of the High Court that Sections 304-B and 498-A Indian Penal Code are mutually exclusive is not correct. Sections 304-Band 498-A cannot be held to be mutually exclusive. ..

Posted in Others |   2542 hits

Is the offence of destroying the evidence punishable under Section 201 of IPC and connected with offence of Section 313 of IPC

 03 October 2020

The court observed that miscarriage punishable under Section 313 of the IPC cannot be necessarily said to be connected with rape..

Posted in Others |   711 hits

SC upheld the constitutionality of Death Penalty under Section 302 of the Indian Penal Code and Section 354(3) of the Code of Criminal Procedure

 30 September 2020

The Supreme Court upheld the constitutional validity of death penalty for murder in Section 302, Indian Penal Code, 1860 and the procedure in Section 354(3), Code of Criminal Procedure, 1973 while dismissing the challenges pertaining to the span>cons..

Posted in Others |   1308 hits

Whether the offence committed by the petitioner fell under section 302 of the IPC or section 304 of the IPC having regard to the provisions of section 86 of the Indian Penal Code

 30 September 2020

In section 86 of the IPC the first part speaks of intent or knowledge, the latter part deals only with knowledge which raised a certain element of doubt.So the court referred to various precedents of English Courts as to whether the intent is also pr..

Posted in Others |   665 hits

Whether the offence committed by the petitioner fell under section 302 of the IPC or section 304 of the IPC having regard to the provisions of section 86 of the Indian Penal Code

 30 September 2020

In section 86 of the IPC the first part speaks of intent or knowledge, the latter part deals only with knowledge which raised a certain element of doubt.So the court referred to various precedents of English Courts as to whether the intent is also pr..

Posted in Others |   541 hits

Whether there was a presence of dishonest intention to constitute theft

 30 September 2020

The court observed that the commission of theft requires: the absence of the person's consent at the time of moving the property the presence of dishonest intention at that time..

Posted in Others |   701 hits

On considering all the matters in detail the two judges came up with concurring but separate judgments

 30 September 2020

The National Charter for Children, 2003 recognized that child marriage is a crime and an atrocity committed against the girl child. Following the charter the National Policy for Children was notified on 2013 and it states that every person below the ..

Posted in Others |   497 hits

Obtaining consent by putting fear of death or hurt For criminal trial, the onus is on the prosecution to prove all the ingredients of an offence

 30 September 2020

Supreme Court reversed the order of the High Court and the conviction recorded against it as well, as the sentences imposed upon the appellants by it were set aside..

Posted in Others |   543 hits

Writ petition seeking directions for inquiry against forced prostitution, Devadasi and Jogin Traditions and Rehabilitation of the victims

 30 September 2020

The Court responded saying that the matter is of great importance warranting a comprehensive and searching analysis and requiring a humanistic rather than a purely legalistic approach from different angles. The questions involved cause considerable a..

Posted in Others |   698 hits

The Trial Court had acquitted the offenders for the offenses under the sections 363, 366, 368 and 376

 30 September 2020

The Court opined that according to the evidence act, corroborative evidence is not essential component in every case of rape and is only used as a guidance paradigm and not as substantive law in judicial proceedings. The prosecutrix of a sexual offen..

Posted in Others |   834 hits

Culpable homicide is murder if the act by which the death is caused is done with the intentions of causing bodily injury to any Person and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death

 30 September 2020

The Court carefully examined all the evidences and heard the testimonies of all the witnesses and then came to he conclusion. The Court held that, the act of appellant in poring acid on the body was preplanned and he intended to cause the injury whic..

Posted in Others |   598 hits

If two separate charges of Wrongful Confinement can be imposed at the same time

 30 September 2020

The sentence imposed on petitioners was enhanced and each of the petitioners was sentenced to suffer S.I. for two months, in addition to the fine already imposed...

Posted in Others |   509 hits







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